The mother applied for permission to relocate with her two children (ages 14 and 12) from the Greater Toronto Area to Nigeria to live with her new husband, Mr. O., a prominent Nigerian businessman.
The father opposed the relocation and sought custody of the children if the mother moved.
The court applied the two-stage test from Gordon v. Goertz, finding a material change in circumstances and determining that the relocation was in the children's best interests.
The court granted the mother's application for a time-limited relocation until 2016, with structured access provisions for the father including four weeks in summer and two weeks during winter break in Canada, plus access in Nigeria.
The court found the mother to be a credible, child-focused parent with a well-considered plan, while the father demonstrated poor judgment and credibility issues.
